DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed 12/3/2025 has been entered. Claims 1, 4-18 and 20-21 remain pending in the application. Applicant’s amendments to the Specification and Drawings have overcome every objection previously set forth in the Non-Final Office Action mailed 9/9/2025. Claims 1, 4-18 and 20-21 have been rejected as follows.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4-5, 13-18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Jocz (US Patent No. 11,267,321) in view of Borchers (US Patent No. 5,213,390).
Regarding claim 1, Jocz discloses a vehicle system (10, Fig. 3), comprising a tonneau cover (20, 22, Fig. 2-3); and an actuator assembly (24, 30, Fig. 2-3; column 6, lines 15-20) that transitions the tonneau cover (20, 22, Fig. 2-3) back-and-forth between a lowered position (20, 22, Fig. 2) and a tilted position (20, 22, Fig. 3), the tonneau cover covering a cargo bed (14, Fig. 2-3) of a vehicle (10, Fig. 2-3) when the tonneau cover is in the lowered position (20, 22, Fig. 2) and when the tonneau cover is in the tilted position (20, 22, Fig. 3), wherein, in the tilted position (20, 22, Fig. 3), a top of the tonneau cover (20, 22, Fig. 3) tapers downward moving rearward (toward 16, Fig. 3) from a forward edge (roof edge 12, Fig. 3) of the tonneau cover (column 6, lines 1-5). However, Jocz does not expressly disclose wherein the tonneau cover includes opposing wedge-shaped sides extending vertically downward from the top. Jocz discloses a way to deploy or tilt a bed cover that can be angled to partially or wholly enclose a truck bed (abstract, lines 7-12 and column 2, lines 19-25), but does not expressly disclose how the bed is wholly enclosed beyond the disclosure of an angled “cap-style” bed cover.
Borchers teaches a way to tilt a bed cover, done by using side panels that are wedge shaped, such that the cover can wholly enclose a truck bed in the analogous field of the claimed invention of truck bed covers. Borchers’ cover includes opposing wedge-shaped sides (236, Fig. 10) extending vertically downward from the top (31, Fig. 10; column 6, lines 11-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the type of tonneau cover of Jocz to include the type of sides as taught by Borchers. Doing so would provide full enclosure of the walls of the truck bed when the cover is in an angled position for weatherproof storage and security protection of cargo or other contents within the truck bed.
Regarding claim 4, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Borchers further discloses wherein the cargo bed (19, Fig. 10) includes opposing bed walls (21, 23, Fig. 10), the wedge-shaped sides (236, Fig. 10) of the tonneau cover raised (via pivotable frame assembly 31/49, column 6, line 12) above the opposing bed walls when the tonneau cover is in the tilted position (31, Fig. 10), the wedge-shaped sides inboard (21, 23, angled phantom line, Fig. 10; column 6, line 14) the bed walls when the tonneau cover is in the lowered position.
Regarding claim 5, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Jocz further discloses wherein, in the tilted position (20, 22, Fig. 3), a leading edge (at roof edge 12, Fig. 3) of the tonneau cover (20, 22, Fig. 3) is vertically elevated relative to a trailing edge (at 16, Fig. 3) of the tonneau cover (column 6, lines 1-5).
Regarding claim 13, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Jocz further discloses wherein a drag coefficient of the vehicle (abstract, lines 9-12; column 6, lines 10-14) is lower when the tonneau cover is in the tilted position (20, 22, Fig. 3) than when the tonneau cover is in the lowered position (20, 22, Fig. 2).
Regarding claim 14, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 1 above, and Jocz further discloses wherein the actuator assembly comprises at least one linear actuator (24, Fig. 2-3; column 5, lines 48-53, column 6, lines 6-10).
Regarding claim 15, Jocz discloses an aerodynamic adjustment method transitioning (24, Fig. 2-3; column 6, lines 21-50) a tonneau cover (20, 22, Fig. 2-3) from a lowered position (20, 22, Fig. 2) to a tilted position (20, 22, Fig. 3) to reduce a drag coefficient of a vehicle (abstract, lines 9-12; column 6, lines 10-14) and a cargo bed (14, Fig. 2-3) with opposing bed walls. However, Jocz does not expressly disclose wherein the tonneau cover includes wedge-shaped sides that are inboard the bed walls and are raised above the bed walls when the tonneau cover is in the tilted position. Jocz discloses a way to deploy or tilt a bed cover that can be angled to partially or wholly enclose a truck bed (abstract, lines 7-12 and column 2, lines 19-25), but does not expressly disclose how the bed is wholly enclosed beyond the disclosure of an angled “cap-style” bed cover.
Borchers teaches a way to tilt a bed cover, done by using side panels that are wedge shaped, such that the cover can wholly enclose a truck bed in the analogous field of the claimed invention of truck bed covers. Borchers’ tonneau cover includes wedge-shaped sides (236, Fig. 10) that are inboard the bed walls (21, 23, angled phantom line, Fig. 10; column 6, line 14) and are raised (via pivotable frame assembly 31/49, column 6, line 12) above the bed walls when the tonneau cover (31, Fig. 10) is in the tilted position (236, Fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the type of tonneau cover of Jocz to include the type of sides as taught by Borchers. Doing so would provide full enclosure of the walls of the truck bed when the cover is in an angled position for weatherproof storage and security protection of cargo or other contents within the truck bed.
Regarding claim 16, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 15 above, and Jocz further discloses transitioning (30, 28, 24, Fig. 2-3; column 6, lines 23-26) the tonneau cover from the tilted position (20, 22, Fig. 3) to the lowered position (20, 22, Fig. 2) to facilitate accessing a cargo bed of the vehicle. Access to the cargo bed of the vehicle is facilitated when the vehicle is parked and the cover is in the lowered position. These transitions are selectively deployed and controlled by an operator (column 6, lines 23-26) on demand (column 6, lines 37-39) for any purpose.
Regarding claim 17, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 15 above, and Jocz further discloses wherein the transitioning comprises an automatic transitioning (column 6, lines 40-50) made in response to an operational condition of the vehicle (column 6, lines 21-51).
Regarding claim 18, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 17 above, and Jocz further discloses wherein the operational condition comprises a speed (32, Fig. 2-3; column 6, lines 26-29 & 41) of the vehicle.
Regarding claim 20, Jocz discloses a vehicle system (10, Fig. 3), comprising a tonneau cover (20, 22, Fig. 2-3); and an actuator assembly (24, 30, Fig. 2-3; column 6, lines 15-20) that transitions the tonneau cover (20, 22, Fig. 2-3) back-and-forth between a lowered position (20, 22, Fig. 2) and a tilted position (20, 22, Fig. 3), the tonneau cover covering a cargo bed (14, Fig. 2-3) of a vehicle (10, Fig. 2-3) when the tonneau cover is in the lowered position (20, 22, Fig. 2) and when the tonneau cover is in the tilted position (20, 22, Fig. 3). However, Jocz does not expressly disclose wherein the tonneau cover includes opposing side panels that extend downward from a top, the opposing side panels positioned inboard of bed walls of the cargo bed in the lowered position and raised above the bed walls in the tilted position. Jocz discloses a way to deploy or tilt a bed cover that can be angled to partially or wholly enclose a truck bed (abstract, lines 7-12 and column 2, lines 19-25), but does not expressly disclose how the bed is wholly enclosed beyond the disclosure of an angled “cap-style” bed cover.
Borchers teaches a way to tilt a bed cover, done by using side panels that are wedge shaped, such that the cover can wholly enclose a truck bed in the analogous field of the claimed invention of truck bed covers. Borchers’ tonneau cover (31, Fig. 10) includes opposing side panels (236, Fig. 10) that extend downward from a top (31, Fig. 10), the opposing side panels positioned inboard of bed walls (21, 23, angled phantom line, Fig. 10; column 6, line 14) of the cargo bed (19, Fig. 10) in the lowered position and raised (via pivotable frame assembly 31/49, column 6, line 12) above the bed walls (21, 23, Fig. 10) in the tilted position (236, Fig. 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the type of tonneau cover of Jocz to include the type of sides as taught by Borchers. Doing so would provide full enclosure of the walls of the truck bed when the cover is in an angled position for weatherproof storage and security protection of cargo or other contents within the truck bed.
Regarding claim 21, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 20 above, and Jocz in view of Borchers further discloses wherein the opposing side panels of are wedge-shaped sides extending vertically downward from the top.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jocz (US Patent No. 11,267,321) in view of Borchers (US Patent No. 5,213,390) further in view of King et al (US Patent No. 7,243,965).
Regarding claim 6, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 1 above. However, Jocz in view of Borchers does not expressly disclose a diffuser extending aft ward from a passenger compartment of the vehicle, the diffuser including a horizontally extending portion, a first vertically extending portion on a driver side, and a second vertically extending portion on a passenger side.
King et al teaches a bed cover (9, Fig. 1-2) in combination with a diffuser (cab extension 5, Fig. 1-2; column 3-4, lines 66-1) extending aft ward from a passenger compartment (20, Fig. 1-2) of the vehicle (19, Fig. 1-2), the diffuser including a horizontally extending portion (5 near roof, Fig. 1-2), a first vertically extending portion on a driver side (5 left-side, Fig. 1-2) and a second vertically extending portion on a passenger side (5 right-side, Fig. 1) in the analogous field of the claimed invention of vehicle bed covers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle of Jocz in view of Borchers to include the diffuser as taught by King et al. Doing so would provide a wind deflector (cab extension) for reducing drag and directing air flow over the cab to improve fuel efficiency.
Regarding claim 7, Jocz in view of Borchers further in view of King et al discloses all of the claimed limitations of the invention as claimed in claim 6 above, and King et al further discloses wherein the first and second vertically extending portions (5 right and left-sides, Fig. 1-2) extend upward from respective cargo bed walls (17, Fig. 1) to the horizontally extending portion (5 near roof, Fig. 1; column 3, line 66 to column 4, line 1).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jocz (US Patent No. 11,267,321) in view of Borchers (US Patent No. 5,213,390) further in view of Colville (US Patent No. 3,508,786).
Regarding claim 6, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 1 above. However, Jocz in view of Borchers does not expressly disclose a diffuser extending aft ward from a passenger compartment of the vehicle, the diffuser including a horizontally extending portion, a first vertically extending portion on a driver side, and a second vertically extending portion on a passenger side.
Colville teaches a bed cover (114, Fig. 1) in combination with a diffuser (cab extension enclosure 10, Fig. 1-2; column 2, lines 5-9) extending aft ward from a passenger compartment (18, Fig. 1) of the vehicle (14, Fig. 1), the diffuser including a horizontally extending portion (20, Fig. 1-2, column 2, lines 10-11), a first vertically extending portion on a driver side (32, Fig. 2; column 2, lines 15-16) and a second vertically extending portion on a passenger side (34, Fig. 1-2; column 2, lines 15-16) in the analogous field of the claimed invention of vehicle bed covers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle of Jocz in view of Borchers to include the diffuser as taught by Colville. Doing so would provide a wind deflector and create a longer distance from the cab thereby laminating the airflow for reducing drag.
Regarding claim 8, Jocz in view of Borchers further in view of Colville discloses all of the claimed limitations of the invention as claimed in claim 6 above. Further, since Colville teaches a bed cover (114, Fig. 1) in combination with a diffuser (cab extension enclosure 10, Fig. 1-2; column 2, lines 5-9) where the cover (114, Fig. 1) covers an area shortened by the length of the diffuser, the cover of Jocz in view of Borchers would work as disclosed in a tilted position, just with a shorter bed. In this combination, the diffuser (cab extension enclosure 10, Fig. 1-2) of Colville interfaces, wherein in the tilted position, with a vertically extending driver side of the tonneau cover (24, Fig. 9), a top of the tonneau cover (28, Fig. 9), and a vertically extending passenger side of the tonneau cover (26, Fig. 9) of Jocz in view of Borchers.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jocz (US Patent No. 11,267,321) in view of Borchers (US Patent No. 5,213,390) further in view of Colville (US Patent No. 3,508,786) further in view of King et al (US Patent No. 7,243,965).
Regarding claim 9, Jocz in view of Borchers further in view of Colville discloses all of the claimed limitations of the invention as claimed in claim 8 above. However, Jocz in view of Borchers further in view of Colville does not expressly disclose wherein interfaces between the diffuser and the tonneau cover when the tonneau cover is in the tilted position are sealed.
King et al teaches a tonneau cover (9, Fig. 1-2) in combination with a diffuser (5, Fig. 2) wherein interfaces between the diffuser and the tonneau cover are sealed (column 4, lines 1-6) in the analogous field of the claimed invention of vehicle bed covers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the diffuser/cover interfaces of the tonneau cover in the tilted position of Jocz in view of Borchers further in view of Colville to include the seals as taught by King et al. Doing so would keep out rain and provide weatherproofing of the cargo bed (column 4, line 6).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jocz (US Patent No. 11,267,321) in view of Borchers (US Patent No. 5,213,390) further in view of Rohr et al (US 2016/0039275).
Regarding claim 10, Jocz in view of Borchers discloses all of the claimed limitations of the invention as claimed in claim 1 above. However, Jocz in view of Borchers does not expressly disclose at least one access panel in a top of the tonneau cover, the at least one access panel movable back-and-forth between an open position and a closed position, the cargo bed accessible through an access window in the top of the tonneau cover when the at least one access panel is in the open position.
Rohr et al teaches at least one access panel (52, Fig. 10; [0039]) in a top (26a, Fig. 10) of the tonneau cover (26, Fig. 10), the at least one access panel movable (52, Fig. 10) back-and-forth between an open position and a closed position ([0042]), the cargo bed (16, [0041]) accessible through an access window (50, Fig. 10) in the top (26a, Fig. 10) of the tonneau cover when the at least one access panel is in the open position ([0041], lines 7-9) in the analogous field of the claimed invention of vehicle bed covers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tonneau cover of Jocz in view of Borchers to include the access panel as taught by Rohr et al. Doing so would allow a driver to selectively load or unload cargo by limited access to the truck bed through an access window without having to open the entire truck cover ([0040], lines 1-3).
Regarding claim 11, Jocz in view of Borchers further in view of Rohr et al discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Rohr et al further discloses wherein the access window (50, Fig. 10) has a cross-vehicle width (lateral sides of 50) that is less than a cross-vehicle width of the cargo bed (defined by walls 18, 20, Fig. 10).
Regarding claim 12, Jocz in view of Borchers further in view of Rohr et al discloses all of the claimed limitations of the invention as claimed in claim 10 above, and Rohr et al further discloses wherein the top (26a, Fig. 10) of the tonneau cover (26, Fig. 10; [0027]) includes a driver side leg (26e, Fig. 10) and a passenger side leg (26f, Fig. 10) that establish respective outboard sides of the access window (50, Fig. 10).
Response to Arguments
On page 8 of Applicant’s response, claims 1 and 15 are amended and applicant argues that the 102(a)(2) rejections of claims 1-5 and 13-19 as anticipated by Salter (US Patent No. 12,103,371) should be withdrawn since Salter is co-owned with the subject application and was co-owned no later than the effective filing date of the claimed invention. With respect to these arguments, the Examiner agrees.
The nonfinal rejections of claims 1-19 have been withdrawn. Claims 1 and 15 are amended and new grounds of rejection are made as set forth above. The new grounds of rejection rely on the disclosure of Jocz (US Patent No. 11,267,321) which presents a tonneau cover that is deployed selectively to one or more use configurations to include a traditional horizontal bed cover and/or an angled “cap style” bed cover with the angled bed cover providing enhanced aerodynamic drag reduction characteristics. The bed cover can partially or wholly enclose the bed (column 2, line 22). Borchers (US Patent No. 5,213,390) is relied on for its teaching of a way of wholly enclosing a tonneau cover in a tilted raised position, regardless of the way it is angled. Borchers embodiment of Figure 10 teaches the use of wedge shaped walls that can be raised and lowered inboard of cargo bed walls for sheltering the sides of an angled cover.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Berg (US 2010/0276967) discloses an aerodynamic pickup truck box cover (500) with access door (510) that includes a frame to configure between a plane perpendicular to the truck bed and a tilted plane generally forming an airfoil.
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/DLE/
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612